Unit 4 - Anti-Government Claims

Question 1

FTCA claims apply to claims for accidents/incidents arising where?

Answer 1

US and its territories

Question 2

What 3 things determine the “scope of employment” in FTCA claims?

Answer 2

• Time, Place, Purpose of activity
• Activity furthered the general interest of AF
• AF owned or furnished the property that caused the damage/injury

Question 3

For FTCA claims, what would apply to pay a claim, if not specifically outlined?

Answer 3

State law

Question 4

What are 4 examples of FTCA claims that are NOT payable?

Answer 4

• Intentional torts
• Claims in foreign country
• Claims from non-combat & combat activities
• Military mbrs f/ personal injury incident to svc

Question 5

According to the FTCA, who are proper claimants?

Answer 5

• Persons suffering damage/injury/death under circumstances that the US, if private person, would be liable
• Military mbrs/federal employees incident to svc

Question 6

According to FTCA and MCA, what document must the claim be on and what is required to make it a VALID claim?

Answer 6

• SF 95

- signed and sum certain

Question 7

What side of the SF 95 must the receipt be completed on?

Answer 7

Left-hand side (time and date, name, and office symbol)

Question 8

What is the statute of limitations for FTCA and MCA claims?

Answer 8

2 years from date of accident/incident

Question 9

How many months does the government have to settle FTCA and MCA claims?

Answer 9

6 months

Question 10

Who is the settlement authority for an FTCA claim totaling $25K or less?

Answer 10

Base SJA (can be delegated to subordinate paralegal)

Question 11

Who is the settlement authority for FTCA and MCA claims exceeding $25K and how soon must they be forwarded?

Answer 11

JACC; 72 hrs of receipt

Question 12

What can a FTCA claimant do if their claim was denied?

Answer 12

• File suit in US district court w/in 6 months

- Request reconsideration

Question 13

MCA claims apply to claims for accidents/incidents arising where?

Answer 13

Overseas on a military installation, miltary on base, NCA claim, or foreign military in US

Question 14

What type of claim is caused by non-combat activities and considered an “act of grace”

Answer 14

MCA

Question 15

Who are proper claimants for MCA claims?

Answer 15

• US citizens
• US military psnl f/property damage
• US federal civilian employees f/property damage
• Foreign military psnl when damage/accident occurs in US
• State, state agency, or subrogee

Question 16

What type of claim is an activity other than war/armed conflict that is military in nature, has little parallel in civilian pursuits, and is historically considered as furnishing a proper basis f/ claims

Answer 16

NCA Claim

Question 17

What type of claim requires a causal connection; not proof of negligence?

Answer 17

NCA Claim

Question 18

What is used to relieve an immediate hardship as the result of the US’s action?

Answer 18

Advance payment

Question 19

Who needs to give approval for an advanced payment of $25K or more?

Answer 19

TJAG

Question 20

Can a base SJA delegate approval authority to a paralegal in an MCA claim?

Answer 20

No

Question 21

Under MCA, if a settlement cannot be reached, what happens?

Answer 21

It is denied

Question 22

How many days does a claimant have to appeal a denial of their MCA claim?

Answer 22

60 days